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tv   Special Report With Bret Baier  FOX News  June 27, 2018 3:00pm-4:00pm PDT

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>> i. . >> [laughing]. >> all right. >> i am going home. >> [laughing]. >> the "special report" is up next. >> bret: a big day. this is a fox news alert. i am bret baier in washington. on a day the u.s. supreme court dealt a major blow to unions, justice anthony kennedy announced he will retire next month opening a second vacancy for president trump to fill. the white house did every today but confirm a date for meeting between president trump and russian president vladimir putin and announced a higher. a new white house communications official. on capitol hill, a republican compromise on imaggression fails on the house floor. the senior member of the democratic leadership is shocked by losing in a primary to an unknown democratic socialist.
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we begin with president trump getting another opportunity to put his stamp on the u.s. supreme court. for years and years to come. to establish a judicial legacy that will live on long after his presidency. justice kennedy has been a swing vote on major supreme court ruling. this sets off a political power struggle. conservatives will have an effort to have their voices heard and by democrats who will try to force the president to go with a moderate or wait until after the mid-term elections. the current roster of justices issued a decision today that shows how much power they wield. they ruled 54 that public sector unions can't force workers to pay fees to support collective bargaining want not only a big hit to unions but a big financial hit for the democrat
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party. we have fox team coverage of the kennedy requirement. john roberts. we begin with shannon bream with details from the u.s. supreme court where she's been all day. >> shannon: it was a quiet end to the term we thought. with no hint of a requirement. that changed this afternoon. the man appointed by a republican president but left of center justice kennedy is retiring. >> the fact he is retiring. this is a total game changer. it changes everything. >> shannon: 30 years on the bench and often the 5 in the 5-4 decisions. justice kennedy is stepping down effective july 31st. >> this will change the dynamic of the court for a generation. >> shannon: something republicans are celebrating and
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the left is sounding an alarm on'd. kennedy was a reliable conservative but one who leaned left on abortion and lgbt rights. struck down decisions and wrote the landmark decision legalizing same sex marriage in all 50 states. those decisions got raise from the leadership council on human rights. they are warning about the bias against lgbt community and health care. many wondered where kennedy would land on the affordable care act. he cast his votes with the
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conservatives and chief roberts upheld obamacare with his vote. >> he has a singulear impact on the court on gay rights and everything in between. >> kennedy talked about what an honor it has been to defend the constitution. programses he said that unite all americans. >> we as a people are bound together. we as a people find our self-definition. our respect, our heritage and our destiny in the constitution. >> shannon: justice kennedy joined the bench in 1988 after a 97-0 vote in the senate. it's hard in this political environment to imagine that
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happening. >> bret: mag. -- amazing. mitch mcconnell expects a vote on kennedy's successor in the fall. between now and then a political war will be waged no matter who president trump dominates. john roberts continues our coverage from the north lawn. >> this will be a tougher one. president trump learned of kennedy's retirement early this afternoon after kennedy call and came down to the white house to see him. but his retirement had been expected for sometime. >> half-hour ago. >> were you surprised? >> he came to the white house. we had a wonderful discussion. >> in the oval office with portugal's president, president trump paid tribute to outgoing justice anthony kennedy. >> he's been a great justice of the supreme court. he is a man who is displaying great vision and displayed tremendous vision and tremendous heart. he will be missed. >> conservative groups are
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confident that president trump will pick a replacement they are happy with. the president promised he will choose a nominee from 25 conservative judges. >> in our country, the selection of a justice of the u.s. supreme court is considered, i think we can all say, one of the most important events. one of the most important things for our country. >> president trump has the opportunity to cement a rock solid conservative majority in the court for a decade or more. with the steaks so high, the president will run into a buzz saw of opposition in the senate. chuck schumer urging congress to reject all of president's choices. >> americans should make it clear they won't tolerate a nominee chosen from president
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trump's re-ordained list. selected by powerful special interests who will reverse the progress we have made over the decades. >> until the kennedy announcement, the big news was the pending summit between president trump and russia's vladimir putin. >> it's good for everybody. we will probably meet around my trip to europe. >> the foundation for a bilateral meeting was laid by the national security advisor john bolton. he met with putin and his foreign minister. bolton expects the topic of russian meddling in the 2016 election to come up. >> i expect it will be a subject of conversation between the two presidents. >> the leaders last met in the apeck summit in vietnam. the white house said there was no need for a bilateral meeting. the two did not have much to
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talk about. how things have changed. >> we'll be talking about syria and ukraine and many of the subjects. we will see what happens. you never know. you never know about meetings. >> the white and kremlin will announce tomorrow the where and when of the meeting. likely the week of july ninth when president trump is in europe for a nato summit. 2 possible locations. finland and austria where president kennedy meet nikita khruhchev at the end of the cold war. former fox news co-president bill shine will take on a senior communications role for president trump. the official title will likely be the deputy chief of staff. >> bret: thanks. let's get analysis from the advisor to president trump for judicial nominations.
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leonard leo join "us weekly." put this in perspective. how big of a deal this opening it. >> sure, justice kennedy has been on the courts for over 30 years and played an important role to fashion so many different areas from gun rights to freedom of speech. separations of power. it's a big deal. >> bret: the process. whispers the gorsuch blueprint is what is going to move forward. >> yes. president had enormous success in nominating gorsuch. i think that will be the process going forward. another nominee like him. >> bret: the sense this will happen quickly? is there a timeline? >> usually it takes the white house 2 or 3 weeks to get the nomination out and 70 to 100 days for the senate to confirm. you are looking at the fall.
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you could have somebody seated before the october term of the quarter. >> bret: what about the democrats including the senate minority leader saying this needs to wait until after the election? >> the president appoints justices to the court. it's one thing to say just before a presidential election, we should have a cooling off period. you have a president. the american people knew who he would nominate. he gave them a list. move forward. >> bret: he is saying this list is unacceptable. but there is nothing the senate democrats can do, is there, to stop a nomination from going up aside from tripping that person up in the a hearing? >> if the president nominates like gorsuch again, it's hard to stop that nomination. the american people supported gorsuch and justice gorsuch had bipartisan support in the senate.
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>> bret: a couple of the names we are hearing. judge cavanaugh. d.c. circuit here in washington. >> very distinguished service on the federal bench. hundreds of opinions published. someone who understands that the limits on government pour in our constitution are enter twined with freedom in our country. >> bret: will he have problems with democrats? >> anyone the president nominates will have a problem with democrats. i think the moderates will understand cavanaugh would be suitable. >> bret: he was the top official in the george bush white house. hardeman. >> he was someone the president interviewed the first time
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around. someone on the bench quite a while. seen lots of cases. someone who understands it's the job of a judge to interpret the law that is written. >> bret: reaching 5-4 rulings where kennedy was the majority. union dues just out today. trump travel ban. abortion lng. -- language. texas redistricting and ohio voter roll purge. but a swing vote on a lot of major cases. is the fear on the left justified this means that roe v. wade is in jeopardy it one of the 25 gets through the process? >> the left has been using the roe v. wade scare tactic since 1982 when sandra day o'connor was elected. we know about john roberts as we
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knew about justice kennedy when he was nominated. i think this is a scare tactic. this needs to be about the constitution more broadly. kennedy has been a very important and propelling jurisprudence in lots of areas of the law. >> bret: let's listen to justice kennedy about the constitution. >> it is appropriate to recognize an essential truth. that is, that the constitution of the united states is the single fact, the single reality, the single idea. the singlele moral principle that sets the united states apart from other nations. i shall honor the constitution. >> bret: justice kennedy made this decision. went to talk to president trump. do you know anything about those
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conversations? >> i understand it was a very cordial conversation. the president was impressed with him. his graciousness. 30 years plus of service on the court. the trumps and the kennedys have known each other over the years. it was gracious for the justice to go to the white house and talk to the president. >> bret: talk about names? >> i don't know if they did. justice kennedy is a very prudent and discreet man. he understands the role he plays and the role the president plays. >> bret: do you think this will have an effect politically, not where you are, looking at the justices and who will be nominated. the judge. but as you look at the political landscape this could have a big impact? >> any vacancy on the court does. the court these days makes so many important decisions that affect american life. it ought to be an important part of the political process.
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people ought to think seriously about who they want on the court. >> bret: in 2016, all voters, conservative and independents ranked it high for their reason they chose to vote. >> as they should. >> bret: we would love to have you back as this process gets moving. up next a major primary upset for a high ranking congressional democrat. ♪ ♪ you said you're not like me,
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>> ♪ >> ♪ >> bret: on top of the double whammy from the u.s. supreme court today. democrats are also licking their wounds over an unexpected primary loss. house democrat chairman crowley of new york was upset by
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a political self-described socialist. ed henry looks at this. >> an earthquake for democrats. a powerful congressman in line to replace nancy pelosi as party leader, joe crowley, lost his primary to a new comer. 28-year-old socialist courtez. a disciples of bernie sanders who wants medicare for all and free tuition for college students and wants to abolish ice that protects the nation's borders. nancy pelosi was in a race of her own today to assist crowley's turf is so liberal it did not mean bigger trouble nationally. >> they made a choice in one district. don't get carried away. >> pelosi said the opposite in 2014 when the republican majority leader cantor lost his
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primary. >> the republican party going further to the right. >> the question for pelosi now is whether the blue wave she is hyping for a november take over of the house is starting to boomerang. maxine waters is calling for attacks to aides of president trump. >> there was a time where you could be denied service in a restaurant based on the color of your skin. now it's the color of your voter registration card. >> mr. chairman, start with the president of the united states. >> in new york, courtez had a much more uplifting message about a working mom with limited money and a young latina taking out a party boss thrilled bernie sanders. >> we are seeing a whole lot of young people getting involved in our revolution organization. getting involved in grassroots campaign. >> that energy is a good sign for democrats.
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but it could get more complicateed in moderate house districts and red senate seats. the gop base amped up by the retirement of justice kennedy will get reminders socialists rising. >> this was a stunning development. the energy in the democrat party is open borders. >> another boost may come from the fact that crowley's ouster makes it more likely that pelosi will stay on as speaker or minority leader and will remain front and center in republican attack ad this is fall. >> bret: fox news confirmed that the white house press secretary sarah sanders has a secret service security ketail on a temporary base following the incident at the virginia restaurant where sanders was asked to leave. stocks were down today. the dow lost 166. the s&p 500 off 23.
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the nasdaq lost 117. east pittsburgh police officer who shot an unarmed black teenager is facing a homicide charge. he is accused of killing a 17-year-old has he fled a traffic spot. the district attorney said he showed his hands and did not have a weapon. the fbi agent who told a college he would stop donald trump from being elected. gave a deposition today to the house judiciary committee. the meeting with peter strzok was closeed to the public and the media. republicans said they are unconvinced that strzok's anti-trump textses did not affect the election. fbi director wray and rob
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rosenstein testify publicly tomorrow. it's back to the drawing board tonight for house republican leaders. they failed and failed big today to get a compromising immigration reform bill past their own rank-and-file. it went down 301 to 121. 112 republicans voting against the bill. the southern border is grounds ground zero in the immigration debate. many of those people started out in central america. american taxpayers spend billion dollars of trying to make that region worth staying in. why that effort is failing. >> when countries abuse us by sending their people up, not their best, we are not going to give anymore aid to those countrys. >> after decades of foreign aid, critics wonder what the money
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bought. >> we are working on an infrastructure in the northern triangle. >> de thaey it -- they say it reduces violence. is that accurate? >> in honduras we can't live there because of the gangs. >> arrests and asylum claims in 2018 are up again despite more u.s. aid. >> i think just giving money to those governments, i don't think that's productive. >> in the last decade. u.s. taxpayers sent billions to el salvador and gut m guatamala
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but they remain the poorest. >> conditions are horrible. it's not the responsibility of the united states to to feel the problems of other countries. >> u.s. aid is supposed to get young people out of the gangs and into the work force. instead they are leaving in droves. creating a crisis on the border. >> think of all of the aid we give some of these countries. >> the president wants to cut aid next year. some in congress want to double it. others argue without more act abili -- account ability it's throwing more good money after bad. >> we won't see the crisis at our border stopped. >> the missing link is mexico. sunday they will elect a new president. coordinating to polls it will be a populist who is expected to fill this stadium tonight. vice-president pence will number
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guatamala tomorrow. >> live in mexico city. thank you. federal 8 -- hate crime charges were filed against a man who ran into people last august. 21-year-old james field size charged with 30 stripes -- crimes. he already faces state charges of first degree murder and other crimes. a libyan man was sentenced to 22 years in prison for attacks in libya. the 47-year-old was convicted last november on terrorism related charges but acquitted of murder. prosecutors accused him of directing the attacks that
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killed chris stevens and 3 other americans. the defense attorneys argued the evident was inconclues and he was being singled out. we will go live to florida. site of tomorrow's gop gubernatorial debate.
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>> bret: in american election headquarters the trump effect in florida. they hold their primary election in late august. president trump is throwing his support in the republican governor's race. but he is way behind in the polls so far. peter takes a look tonight. >> the president's primary pick finished first last night in new york and south carolina. now he has another republican in
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florida's gubernatorial primary. >> the 800 pound gor rilla. >> he hopes for a rally that helped henry mcmaster win the republican run off last night. >> you are talking about whatever ven you pick, you are filling it and thousands are waiting outside. when you see the mcmaster rally with the signs. everybody is watching it. that's a huge deal. >> [cheers and applause]. >> the president's record of picking primary candidate size better this year than last year when air force one landed in alabama for a boost to luther strange. >> we have thousands of people outside. they may be listening because we put big speakers out there. >> strange lost in the primary to roy moore who lost to a democrat doug jones. today a republican strat edgeit said the lifeline this candidate has is the endorsement of
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president trump. desantos trailed by double digits in a poll by likely republican voters to put nam, a trump supporter himself. >> i believe that's the reflection of the same grassroots energy that propelled president trump into the energy. >> putnam is banking on the backing of local officials to win primary voters. >> putting technical training back in our schools. a law and order message that resulted in the florida sheriffs endorsing me including 2 in the congressman's own district. >> putmamhas been airing campaign ads in florida for more than 2 months. desantos just started yesterday. they hope when voters start to see more of those ads, then the gap between the two will narrow. >> bret: peter, thank.
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on the secretaryic side. the gob -- on the democratic side the gubernatorial candidates are trying to break the defeats for the party. who is in the running? >> welcome our 4 candidates. >> 4 of the 5 democratic candidates held their governor's debate. >> i. running for governor to it make sure everybody has the opportunity to live the american dream. >> levine said he would spend $25 million on his candidacy. >> too many people in florida are struggleing. >> former congresswoman graham wants to increase environmental
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standards and makes opposition to the president a campaign centerpiece. >> our country is under attack by donald trump. >> we should have to turn decisions for the direction of this state over to the millionaire's only club. >> the tallahassee player wants to hike corporate tax rates and spend that on education and enact a bernie sanders-like medicare for all policy. for an aggressive man he called for ending the tax penalty and legalizing marijuana. a millionaire did not enter the game campaign in time to make the debate but he is in the race now willing to spend whatever it takes. even though no democrat was elected florida governor in 24
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years, recent contests were razor tight. rick scott won by 1% point. florida is the biggest swing state for a reason. >> bret: tomorrow night a debate between the top 2 candy maldonados for florida. please join martha maccallum for that. another opportunity for president trump to put his stamp on the u.s. supreme court. we will talk about the retiring of justice kennedy. with the panel when we come back. thing says summer like a beach trip,
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that's okay. >> ♪ >> ♪ >> we have obviously numerous people. we have a list of 25 people that i actually had during my election. we have a very excellent list of highly educated and intelligent and tremendous people. it will be somebody from that list. >> in the president nominates somebody extraordinary like gorsuch again, it's hard to stop that nomination. the american people widely supported gorsuch and justice gorsuch had bipartisan support in the senate. >> bret: a big day with the announcement that justice kennedy is retiring. next month. he sent a letter to president trump and met with the president. the letter was a formal
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notification of my decision. our panel. charles, amy, and jonathan national political reporter. i then caught people on the hill by surprise. >> it caught a lot of people by surprise. the whispers in the wind possibilities. but when it happened, there were a lot of people shocked out there. >> yes. good and bad shock. republicans were exuberant. it was hard for the senate majority leader to stifle his
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smile. >> bret: in party face mode. >> yes, it was hilarious. then for democrats, this is very, very tough day. one senate democrat told me the retirement of kennedy is putting it off and putting it off and hoping to delay it was one of the last prayers at night when the head hit the pillow. this is very, very profound for them about not just what the vote will do and how it will turnout in mid-terms, but what it means about the impact of these decisions going forward. >> bret: the decision today about unions that really hits unions pretty hard. and also a big fundraiser for democrats. >> so president trump -- i think about it as two phases with the court. the first phase he thought and
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was correct it was a political master stroke to release that list. it was important to the republicans to energize them. he sees that list as partly responsible for his victory. >> bret: he is not wrong. >> not wrong about that. now he cease the practical effects of the court. he learned that this week and particularly over the travel ban. you had liberal courts stymieing the travel ban and it wasupled bu the supreme court. trump knows the political force of the decision and the practical agenda force of this decision. >> bret: and he wrote a list, that's right. there is nothing democrats can do. other than trip up a potential candidate. >> no. by any schedule there ought to be someone confirmed by governor. -- november.
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it will probably happen before the election. what will be interesting to see will the senators from states that trump targeted, it will it make it difficult for them to vote against a nominee for trump? is the sweetest spot for trump. it units the establishment with the maga folks. the greatest never-trumper has to admit that gorsuch was a huge success. and the list to pick from is a huge success. he will stick to this again. it's worked very well for him. >> bret: he is talking about mccaskil and donnelly. they will be answering a ton of questions now in these races about how they will vote.
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these are all of the democrats defending in red states, trump states. >> you predict minimum two vote for the nominee from that list. >> bret: whoever it is? >> absolutely. minimum two. the idea of liberal senators 2020 candidates saying we won't allow hearings. they don't run the senate. trying to grind the senate to a halt to stop this -- they gave up the filibuster on gorsuch. they never showed up. it was a huge mistake. they will add insult to injury for themselves. it's a mistake to pressure those senators, the democrats you just named by trying to shut the senate down and stop this. it's not stoppable. they need to take their toys and
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go home. >> here's the president and leaders in the senate. >> we will begin our search for a new justice of the u.s. supreme court. that will begin immediately. >> the senate stands ready to fulfill its constitutional role by offering advice and consent on president trump's nominee to fill this vacancy. we will vote to confirm justice kennedy's successor this fall. >> our republican colleagues in the senate should follow the rule they set in 2016: not to consider a supreme court justice in an election year. >> bret: it wasn't the rule. it was a presidential election year. you go back to president obama who a vacancy filled in august before mid-term elections. democrats the make the case they
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should hold off until after the election, but they don't have the backing. >> people in this environment will use whatever tools they can to advance their agenda. there are new rules. there are no standards of principle anymore. whatever you can do to get the advantage. you said it best. their only tool is to try to prevent him from getting the votes to get through. that's it. the whole ballgame of those 10 red state senators. >> bret: next the politics of this and the stunning defeat for house democratic leader in new york. let your inner light loose with one a day women's. a complete multivitamin specially formulated with key nutrients plus vitamin d for bone health support. your one a day is showing. look for new one a day women's with nature's medley. your insurance so small you could fix it with a pen. how about using that pen to sign up for new insurance instead. for drivers with accident forgiveness, liberty mutual won't raise their rates because of their first accident.
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>> ♪ >> ♪ >> bret: our campaign was focussed on just a laser focussed message of economic social and racial dignity for
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working class americans. our party and message could be party. >> our party is a big tent. our districts are very different one from the other. >> let's not get yourself carried away as an expert on the demographics and that. >> bret: answering questions about what this means to the democratic party. a huge upset. joe crowley was in position to possibly become speaker. move up the chain in the democrat house and wiped out in a primary against a self-proclaimed democratic socialist ocasio-cortez. there you see the numbers. you look at the average of the generic ballot for heading into 2018 and you see where it stands now. you wonder how many different factors will factor into that. one is what is happening in the
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democratic party? >> well, it's very clear, all of the energy is with -- you look at the slate of 2020candidates. they saul say universal health care and free college. the new issue this candidate ran on is abolishing immigration and custom enforcement agencies, when i expect to see more and more candidates come out on that and maybe sitting incumbents. you are seeing the parties moving farther to the left. the energy is there. the idea that there could be a clinton-ion emerges in the democratic party seems farfetched at the moment. >> everything jonathan said is right. it's clear that the democratic party is moving towards a free lunch socialism and embracing a way too liberal immigration
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party that doesn't represent where the majority of the country is at. they will do so at their peril. this is beyond pitiful. crowley wiped out by 15 points? yes, she energized new voters. yes, this leftist insurgency is a real thing. crowley was focussed on his washington national leadership ambitions just as cantor was a few years ago. he did not tend to his constituents. didn't show up at a debate. it's political mal practice what he does. she won by 27,000.
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this is everything people hate about washington. he could not serve his voters. >> bret: it reminds you of cantor and the fallout and nancy pelosi talked about that when the house majority leader fell in a primary. she said it was a bigger picture. it meant a lot more about the party overall. it's very narrow. >> it's funny to hear her about the party being a big tent. one side on the west coast and one side on the east coast and a giant hole in the middle that will get bigger. we knew a wreckoning would be becoming for the democratic party for sometime as it came for republicans in the last half decade. the question was: how bad would it be? and i think what we have seen from this is: it it will be much worse. the reason is because, sure, republicans wound up with
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unpolished candidates. here you are dealing with full-blo full-blown communists when you don't want that in your party. >> bret: back to the supreme court, the exit polls from the 2018 election, white born again christians. 80-16 this is post access hollywood. in deciding your vote. what about the supreme court in most important factor? 70% to 28. is this going to energize even though it might be done before the mid-terms, energize the republicans? >> there is also hugh polling showing an 8 point gap. if you are looking at which side
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it will energize. history shows it does energize the republican side more. but you will see both sides say this is life or death. vote for one and you get x, z and z. vote for the other and you lose abortion rights. for polarizing. >> this is vital for conservatives. even if this happens after confirmation it reminds them there is a reason they vote for republicans. that's a good thing. >> bret: when key come back justice kennedy off the bench. ss to take the stairs. but climbing 58,070 steps a year can be hard on her feet, knees, and lower back. that's why she wears dr. scholl's orthotics. they're clinically proven to relieve pain and give you the comfort to move more. dr. scholl's, born to move.
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be quick to talk to your teen's doctor about a meningitis b vaccine. >> bret: finally tonight, we've been talking about justice anthony kennedy's plans to retire. here are some of the justice's letter mom is off the bench. >> judge and now justice kennedy. sounds good, doesn't it. speak out to make the record clear you made no promise to omit any member of the senate on anything come down mike. >> other than i would be frank and candid in my answers. >> they wanted to see a movie and i thought it would be 12 angry men, but it was legally blonde. people ask me, before i go on the bench, do i get nervous? i said, not at all.
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but up when i was on the other side i got terribly nervous. >> bret: he such a pleasure to talk to. thank you for your service to our country and thank you for inviting us into your home. that's it for the special report, fair, balanced and unafraid of. "the story" with martha starts right now. >> martha: and tonight we go live to the white house for white house for late-breaking developments in the search for a new supreme court justice at this hour. >> we have a list of 25 people that i actually had during my election. i had at 20 and i added five. so it will be somebody from that list. >> martha: that after today's stunning resignation from justice anthony kennedy that has democrats reeling about what this means for the future of the country. good evening everyone, this